A Study of the Dispute Settlement System on the Government Procurement Act under GPA and Other Nations

• Main Author: 邱滄霖
• Other Authors: 顏玉明
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/65834368754410693380

碩士 === 國立政治大學 === 法學院碩士在職專班 === 102 === The purpose of the research is to study the inconsistency between GPA and Government Procurement Act in Taiwan by analyzing the subject, object and the dispute settlement mechanism and making comparison among U.S Federal Acquisition Regulation (FAR), EU Procurement Directives and China Government Procurement Law dispute settlement .In order to attract more foreign firms to participate in the vendors, and promote international trade opportunities. The main conclusion of the research is as follows: 1. It is suggested to establish a consultation mechanism to assist disputing parties to discuss and resolve their differences prior to the protests and appeals. 2. It is advised to add “causes and reasons” to protest and appeal on Government Procurement Act of Taiwan to expand administrative function and the scope of self-examination in advance. 3. In consideration of the interests of the vendors, it is recommended to abolish the regulation on the loss of efficiency right without protest. 4. To ensure the interests of the complained vendors, it is advised to broaden the qualification of objections and appeals. 5. Implement a transparent and open public review process to maintain the fairness of government procurement and secure the interests of the complained vendors. 6. It is important to define suspend procurement procedure clearly to avoid jeopardizing the rights of complaining suppliers and the entity. 7. In order to comply with the effectiveness of the relief requested under Government Procurement Agreement (GPA), it is necessary to correct the review decision of the Complaint Review Board for Government Procurement (CRBGP).